Activist PowerPoint - Civil Liberties Defense Center

KNOW YOUR
RIGHTS
Civil Liberties Defense Center
Lauren Regan, Attorney & Executive
Director
259 East 5th Avenue, Suite 300-A
Eugene, Oregon 97401
(541) 687-9180 Tel
www.cldc.org
Email: [email protected]
Contact Us With Questions Or
Comments
What rights do I have?
• Whether or not you're a citizen, you
have these constitutional rights:
• The Right to Remain Silent
• The Right to be Free From
“Unreasonable Searches and
Seizures”
• The Right to Advocate for Change
The Right to Remain Silent
• The Fifth Amendment to the U.S.
Constitution gives every person the right
not to answer questions asked by a
police officer or government agent.
• I WISH TO REMAIN SILENT.
The Right to be Free from
"Unreasonable Searches and
Seizures"
• The Fourth Amendment is supposed to protect your
privacy from government intrusion.
• Police cannot search you, your possessions, your
home, etc. unless:
– You consent (your silence gives police consent)
– Police obtain a search warrant
– Or an exception to the search warrant requirement exists
The Right to be Free from
"Unreasonable Searches and
Seizures"
• Without a warrant, police or government agents may
not search your home or office without your consent,
and you have the right to refuse to let them in.
• I DON’T CONSENT TO THIS SEARCH.
• Must be said out loud—your silence indicates to
police that you consent or agree to what they are
doing.
The Right to Free Speech &
Assembly
• Public forums: maximum First Amendment rights
– “Reasonable time, place, and manner restrictions”
• Quasi-public forums: depends/permits could be
required
• Private forums: Owner or person in charge can ask
you to leave and/or trespass you from the property.
Least protection for First Amendment rights.
• Look to State Constitutional Rights as well.
The Right to Advocate for
Change
• The First Amendment to the U.S.
Constitution protects the rights of groups
and individuals who advocate changes in
laws, government practices, and even the
form of government.
• However, the ICE can target non-citizens
for deportation because of their First
Amendment activities, as long as it could
deport them for other reasons.
Search Warrants
• Written court permission to search and seize
evidence of a crime.
• May be obtained telephonically in certain
circumstances.
• Can enter your home without permission or your
presence.
No warrant needed…
Exceptions to the warrant requirement:
--weapons search within “wingspan” (car or person)
--exigent circumstances or emergencies: “hot
pursuit”,
--“plain view” doctrine: if the public can see it, and a
cop can see it, cops will be able to legally seize it.
--Patriot Act, other recent federal laws intended to
gut 4th Amendment rights.
REGARDLESS, DON’T CONSENT!
CONSTITUTIONAL RIGHTS
CANNOT BE SUSPENDED –
EVEN DURING A STATE OF
EMERGENCY OR WARTIME –
AND THEY HAVE NOT BEEN
SUSPENDED BY THE "USA
PATRIOT ACT" OR OTHER
RECENT LEGISLATION!
Three kinds of initial police
encounters:
• Conversation
• Detention
• Arrest
Tips for interacting with
cops:
• Try and keep your hands visible at all
times
• Try to stay in well-lit places with witnesses
if possible.
• You are probably being recorded by cop,
especially if you end up inside cop car.
• You have the right to video or audio tape
police in public as long as you tell them you
are recording, and you are not interfering
with an investigation.
Conversation:
• You are under no legal obligation to
have a conversation with the police, FBI,
ICE, TSA or investigator. If you agree to
talk to them, you will very likely give them
the very information they need to arrest you
or prosecute you or someone else.
• Your best bet is to politely but firmly
refuse to speak to them. Always make your
refusal to speak to them clear, in words, as
opposed to simply shaking your head.
• Am I being detained? Am I free to go?
Detention:
• A Police officer may only detain you if he
or she has a reasonable suspicion that
you are involved in a crime.
• “Reasonable suspicion” must be more
than a mere hunch.
• Police must be able to put their
“reasonable suspicion” into words. Under
the law, this is called the “articulable
suspicion” provision.
• Am I being detained? Why?
• I DON’T CONSENT (to this search).
What to do if you are
stopped by the police
• Remember! What you say can and will be
used against you. Stay calm and in control
of your words and actions. Avoid arguing
with the police but firmly assert your rights.
• Never run or physically resist even if you think
that the stop is unreasonable or unlawful.
• Ask if you are free to leave; if they say yes, do so.
You are not required to provide identification If they
are not detaining you (unless you are the driver of a
motor vehicle).
• NEVER CONSENT TO A SEARCH!!!
If you are not free to go, ask
why you are being detained
• You must provide name, address and D.O.B. if
detained but are not required to say anything
else. It is a crime to give a false name. Police
must I.D. their name, agency, and badge number.
• You may be patted down and any possessions
within your reach may be searched if police
reasonably suspect you pose an imminent threat of
serious physical injury.
• Write down everything you can remember about
the police interaction including officers’ names and
badge numbers.
Cops Can Lie or Trick You
• The police ARE allowed to lie to you
or misinform you. Don’t be fooled.
• Many times they will promise you
that your situation will be easier if
you fully cooperate or tell them what
they want to know, but they do not
have to follow through on their
promises.
Am I Under Arrest?
• The police cannot move you unless you
are under arrest
• If you are arrested, immediately ask for
a lawyer. Do not respond to any police
inquiries.
• <18 has the same rights, but normally only
released from jail to parent/guardian.
• If you are injured, seek medical attention
and take photographs.
Arrest: So, you are going to
jail
• The police may arrest you if they witness
you breaking the law, have probable cause
to believe you have committed a crime, or
have an arrest warrant, signed by a judge,
for your arrest.
• If you commit an act of nonviolent civil
disobedience, then you have broken the
law – most likely in front of police officers –
and therefore they may arrest you because
they witnessed it.
Arrest: Searches
• When making an arrest, the police are
allowed to search you “to the skin.”
• May search your bags, and may search
your vehicle.
• An officer searching your body must be
of your own gender.
• Transdermal piercings may be removed.
Assert Your Rights!
• "I am going to remain silent, and I want to
contact an attorney."
• This phrase immediately invokes your
constitutional Fifth Amendment rights which
protect you from police interrogation. Once you
utter these words, the police are legally
required to stop questioning you.
• Even if you don’t already have an attorney,
police must provide you with a phonebook.
Invoking your right to have an attorney present
is a fundamental right!
The Miranda Rights
• You have the right to remain silent and to refuse to answer
questions.
• Anything you do say can and will be used against you in a
court of law.
• You have the right to an attorney and to have an attorney
present when questioned.
• If you cannot afford an attorney, one will be appointed to
you at no charge.
• If you decide to answer questions now, without an attorney
present, you will retain the right to stop answering at any
time until you talk to an attorney.
• Do you understand these rights as explained to you?
• Knowing and understanding your rights as I have explained
them to you, are you willing to answer my questions without
an attorney present?
"Demand of Rights"
• I will not talk to you or anyone about anything.
• I demand to have an attorney present before I
speak to you or anyone.
• I will not answer any questions, or reply to any
charges, without my attorney present.
• I do not agree to perform any test, consent to
any searches, or participate in any line-ups,
except DUII tests that don’t involve words.
• I will not sign anything unless my attorney
agrees I should do so, except jail release
agreement.
Grand Juries
• A subpoena to a grand jury is a written
order for you to appear at a secret court
proceeding and testify under oath about
information the government believes you
have about a crime or a fugitive.
• You have the right to an attorney and
should not speak to agents until your
attorney is present. Threats are common
by FBI, don’t be intimidated--assert your
lawful rights!
Sample Conversations With
the Police
• Conversation
• Detention
• Arrest
CONVERSATION
• COP: “Hi, can I ask you a couple of
questions?”
• YOU: “Are you detaining me or am I free
to go?”
• COP: “I just want to talk to you.”
• YOU: “I choose not to talk to you.” (you
walk away)
DETENTION
• COP: “Hi, can I ask you a couple of
questions?”
• YOU: “Are you detaining me or am I free to
go?”
• COP: “I'm detaining you. Hands against the
wall, feet back, and spread 'em.”
• YOU: “Why am I being detained?” (What is
your reasonable suspicion?)
ARREST
• COP: “I’m placing you under arrest.”
• YOU: “I am going to remain silent. I want
to contact an attorney.”
• COP: “That’s fine. You’ll be able to
contact your lawyer at the police station.”
CD consequences in
Oregon
• Criminal convictions include misdemeanors or
felonies
• Venue matters: federal property vs. other public
property vs. private property
• Misdemeanor charge: arrest; potential probation, jail,
fine
• Prosecutor has the option to charge as a VIOLATION.
Violation is not a criminal conviction. No jail, no
probation. Judge can only impose fine (or CS
alternative).
• Diversion: plead guilty to charge by filing diversion
What are my rights at
borders?
• Within 500 miles of a border your constitutional rights
are greatly reduced.
• This area of the law is constantly changing right now….
Special Rights & Concerns
for Non-documented
People
What if I am not a citizen
and the ICE contacts me?
• ICE CANNOT ENTER YOUR HOME
WITHOUT YOUR CONSENT. YOU DO NOT
HAVE TO ANSWER THE DOOR OR
SPEAK TO AN ICE AGENT.
• Assert your rights. Failure to demand
your rights may result in a waiver of your
rights, and ICE may deport…
• Do not rely on agents or family members to
translate important legal information.
Talk to a lawyer
You are not entitled to a free lawyer if you cannot
afford one.
• You have the right to an interpreter who speaks
your native language. Do not sign papers without
a lawyer
• Always carry the name and telephone number of
an immigration lawyer and who will take your
calls. You must carry your immigration papers
such as "green card," I-94, or work authorization
with you as well.
• The immigration laws are complex and changing.
ICE will not explain your options to you. As soon
Deportation issues
• Parents: After 6 months of detention, the state is
permitted to place your children up for adoption
and terminate your parental rights.
• Set up emergency arrangements. Sign a power
of attorney giving someone you know the power
to care for your children in your absence so they
do not end up in the system.
• You may be able to post bail if detained.
• Prevent deportations: Don’t drive if your car isn’t
in legal compliance with driving laws, don’t drive
drunk, don’t go to jail!
* 10 Lessons of Criminalization *
Lesson One: Do Not Focus on Guilt or Innocence
Lesson Two: Don't Spread Fear and Paranoia
Lesson Three: Your Support Does Matter
Lesson Four: An Injury to One is an Injury to All
Lesson Five: Combating Marginalization
Lesson Six: Map Our Connections
Lesson Seven: Expand Our Base of Support Through Networks of
Solidarity
Lesson Eight: Racism and Resources
Lesson Nine: Strategic Thinking
Lesson 10: Stopping Nightmares and Fulfilling Visions
WARNING
Stay
Legal Flow
Leave
---Outta There!
Arrest
Give Info
Go To Jail
Withhold Info
Booking
Give Info
Withhold Info
Cite & Release
Unconditional
Conditional
Accept
Refuse
Released
Jail
Arraignment
Verdict
Not Guilty
Trial
Guilty
Individual
Or Group
No Contest
Not Guilty
Court
or Jury
Attorney
Or self
Guilty
Plea
Bargain
Sentencing
FREE!!
Fine
Community
Service
Accept
Done
Probation
Refuse
Jail
Done
“First they came for the Communists,
and I didn’t speak up, because I wasn’t a
Communist.
Then they came for the Jews, and I didn’t speak
up, because I wasn’t a Jew.
Then they came for the Catholics,
and I didn’t speak up, because I was a
Protestant.
Then they came for me, and by that time there
was no one left to speak up for me.”
t
t
i
r
by Rev. Martin Niemoller, 1945